United States Courts of Appeals Have Been Divided As To Whether the Affordable Care Act Is or Is Not Constitutional

Introduction

The Patient Protection and Affordable Care Act (Act on the protection of patients and affordable care) is a law passed by the 111th U.S. Congress and signed into law by President Barack Obama on 30 March 2010 . It is the main component of the reform of the welfare system in the United States, with the Health Care and Education Reconciliation Act (in) signed the same day (John, p. 33-36).

Discussion

United States Courts of Appeals have been divided as to whether the Affordable Care Act is or is not constitutional

Political Context

One of the key features of the election campaign of Barack Obama in 2008 was the establishment of a major reform of the health system for creating, at the federal level, a "universal health insurance", without imposing mandatory health coverage except for children. It has been nearly a century that Congress was debating the issue of health. Republican President Theodore Roosevelt spoke of this in his program, but was defeated in the 1912 presidential election by the Democratic candidate Woodrow Wilson. In 1965, Democratic President Lyndon Johnson had enacted the Medicare and Medicaid, insurance for the elderly and poor people, respectively, after rallying to him half the votes Republican Congress. Democratic President Bill Clinton himself also tried to pass an ambitious project in 1993, but failed (John, p. 33-36).

Adoption Process and Challenges of Parliamentary and Legal Law

Demonstration of supporters of Tea Party, movement populist fiercely opposed to the reform of the health system in Washington DC, before the Capitol, the 12 September 2009. However, once elected president, Obama was forced to make concessions to pass his plan by Congress. On 7 November 2009, almost eleven months after his inauguration and despite a comfortable majority in the House of Representatives, he won narrowly by 220 votes against 215, the adoption of a reformed health system. Only one Republican, Joseph Cao, had then voted for reform. After much debate and many amendments, the Senate passed the bill on 30 December 2009 by 60 votes against 39, all Democrats and independents voting "for", while voted "against" the Republicans. Finally, after many adventures, the 21 March 2010, despite unfavorable opinion polls, an aggravated polarization of the political class and U.S. citizens, a presidential popularity at half mast symbolized by the victory of a Republican in the Massachusetts to succeed Ted Kennedy and the reluctance of some of the elected Democrats, the text passed by the Senate is adopted as the House of Representatives by 219 votes against 212 (178 Republicans and 34 Democrats) (Cillizza, Chris, et al, p. 12).

Upon promulgation of the law by Barack Obama on 23 March 2010, the Attorneys General (Minister of Justice) twelve (fourteen then) U.S. states declare implement a federal court proceedings to challenge the constitutionality of the new law violation of state sovereignty while the legislatures of 37 states enter into discussions to adopt a special status for failing to implement ...